Lu v. Rosa

Full title: RICHARD LU, Appellant, v. ALAN ROSA, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1994

209 A.D.2d 675 (N.Y. App. Div. 1994)

619 N.Y.S.2d 953

Opinion

November 28, 1994

Appeal from the Supreme Court, Queens County (Leviss, J.).

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff failed to raise any triable issues of fact as to whether he satisfied all the conditions precedent to cancellation of the contract of sale and entitlement to recovery of the down payment (see, CPLR 3212 [b]). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.